Macho went on the land of Bowleg uninvited. Macho has filed a trespass action claiming damages of $100. After listening to the s
tories of the parties, the court concluded that Macho was 30% responsible for the trespass. How much will Macho recover for this action? (see Civil Procedure and Remedies Code, Sec. 33.001)
He will recover $70 because he was 30% responsible according to the court.
Explanation:
The Civil Procedure and Remedies Code on its section 33.001 states about proportionate responsibility. And it clearly states that in damages actions the claimant may not recover if it's more than 50% responsible. In the case given Macho is 30% responsible so he would recover 70% of the damages claimed that is the responsibility of the other part. Both parts have a certain degree of responsibility in the claim at the eyes of the court so, they compensate Macho´s claim of $100 according to the percentage the court gave to each one.
